Terms and Conditions
Welcome to the Internet sites of Promotive Communications Inc. and its affiliates (collectively, “Promotive”) which reference these terms and conditions (“Terms”), including without limitation BIOTECHNOLOGYFOCUS.CA, and LABORATORYFOCUS.CA (collectively the “Promotive Sites” or each a “Promotive Site”). By accessing a Promotive Site, or any of the products or services (collectively the “Services”) available on a Promotive Site, including services offered on a payment basis (each a “Pay Service”), you agree, without limitation or qualification, to be bound by these terms. If you do not agree to these terms, please do not use the Promotive Sites. Promotive (“WE”, “US” AND “OUR”) reserves the right at our discretion, to modify these terms at any time, and such modifications shall be effective immediately upon posting of the modified terms. You agree to review the terms periodically to be aware of such modifications and your continued use of the Promotive Sites shall be deemed your conclusive acceptance of the modified terms.
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING A PROMOTIVE SITE, SERVICE OR PAY SERVICE.
NO RIGHTS GRANTED IN TRADE-MARKS OR CONTENT
The Promotive Sites and all text, information, images, audio, video and other material (“Content”) posted on the Promotive Sites is protected by copyright, trade-mark and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by Promotive and/or its affiliates. All Content posted on the Promotive Sites remains the valuable intellectual property of its owner(s) and is made available on the Promotive Sites solely for your own personal, non-commercial, lawful use. You agree to abide by all copyright notices, information and restrictions contained in or displayed with any Content.
Nothing contained on the Promotive Sites should be considered as granting, by implication, estoppel or otherwise, any license or right to use any trade-marks, logos or other names, including but not limited to, those identifying Promotive and/or its affiliates displayed on the Promotive Sites, without the expressed written consent of the applicable rights holder. Without limiting the generality of the foregoing, you do not acquire any ownership rights in the Content as a result of accessing or downloading it, nor are you granted any rights for sale, resale, reproduction, licensing, sub-licensing, distribution, publishing, broadcast, transmission, performance or promotional use, for commercial or non-commercial purposes with respect to the Content, other than for your own personal use and enjoyment. You agree to abide by all copyright notices, information and restrictions contained in or displayed with the Content. You are hereby advised that Promotive and its affiliates will aggressively enforce their intellectual property rights to the fullest extent permitted by law.
Linking
A site or service may establish a link to Promotive Sites provided that it has written permission from Promotive to do so, the link does not imply sponsorship or endorsement of a web site, product or service or misrepresent its relationship with Promotive Sites or present false information about Promotive Sites. You may not use logos, trademarks or copyrighted materials without the express written consent of the owner of the mark or right. Promotive reserves the right to request any link be disabled.
RESTRICTED USE
Your use of the Promotive Sites and Content must comply with these Terms, all applicable laws and all applicable Promotive policies. Without limitation, you may not use the Promotive Sites to directly or indirectly:
(a) invade another person’s privacy or collect, disclose or store personal information about other persons (including telephone numbers, street addresses, email addresses, last names, etc.);
(b) impersonate any person or entity, including, but not limited to a Promotive representative, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(c) create databases in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the Content.
UPLOADED CONTENT
With respect to Content that you upload, post, transmit, distribute or otherwise disseminate or make available on or through the Promotive Sites (your “Contributions”), you irrevocably grant us the world-wide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable right and license (without obligation) to use, distribute, reproduce, encode, modify, adapt, edit, display, exhibit, publish, translate, publicly perform, communicate, publicly display your Contributions and to incorporate them into other derivative works or compilations, in any format and through any media channel, whether now known or hereafter invented, including, without limitation, by way of the Promotive Sites. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Contributions. You irrevocably waive your moral rights with respect to your Contributions in connection with our exploitation of the rights granted to us in these Terms.
Prohibited Content
You agree not to upload, post, transmit, distribute or otherwise disseminate or make available on or through the Promotive Sites any Content that:
(a) is copyrighted, protected by trade secret or otherwise subject to third party proprietary or contractual rights, including privacy and personality/publicity rights, unless you are the owner of such rights or have written permission from the rightful owner to post the Content and to grant us all of the rights granted herein;
(b) is obscene, profane, defamatory, libelous, slanderous, fraudulent, deceptive, threatening, intimidating, pornographic, harassing, abusive, hateful, racially or ethnically offensive, encourages or assists conduct that would constitute a criminal offence, could result in civil liability, or is otherwise objectionable, offensive, inappropriate or unlawful;
(c) implies or suggests endorsement by Us;
(d) in the case of audio or video Content, is greater than (10) minutes in duration;
(e) contains viruses, corrupted files, or any other similar software or programs that may damage the operation of our computer systems or those of any user;
(f) contains advertising, a solicitation of funds or a solicitation for goods or services; or
(g) otherwise violates these Terms or any applicable municipal, provincial, federal or international law, order or regulation.
Third Party Clearances
You represent and warrant that you own or have secured all necessary licenses, rights, consents and permissions to use, and to authorize us to use, any trade-marks, copyrighted material or other intellectual property and/or proprietary material contained in your Contributions, and that you have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your Contributions to use his/her name and/or likeness.
Removal of Content
Promotive has no obligation to, and does not and cannot, monitor or review every item of Content that you and other users make available through the Promotive Sites, and Promotive is not responsible for any of this Content. However, Promotive reserves the right to investigate, monitor, delete and/or refuse to transmit, move, remove, edit or refuse to post any material or information, in whole or in part, without notice to you, that it deems in its absolute discretion, unacceptable, undesirable or in violation of any law or these Terms.
Responsibility for Uploaded Content
You will be solely responsible for any Content that you make available through the Promotive Sites and any liability resulting from its use as contemplated in these Terms. You will also be liable for any costs, losses or damage resulting, directly or indirectly, from your making any Content available on or through the Promotive Sites.
Postings Non-Confidential
Any communications, comments, ideas or concepts that you post to the Promotive Sites will be treated as non-confidential and non-proprietary. You agree that Promotive and its affiliates are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
Third Party Content
You acknowledge that despite the prohibitions above, Content posted on the Promotive Sites by other end users may contain inaccurate, inappropriate material and links to other websites. We do not have control over Content provided by third parties and assume no responsibility or liability for such Content. Content you access, transmit or download using the Promotive Sites is accessed, transmitted and downloaded at your own risk.
Use of Third Party Sites and Services is at your Discretion
Hyperlinks may take you out of Promotive Sites and connect you to other websites or services provided by third parties, including our advertisers and sponsors (“Third Party Sites”). Promotive Sites provides these hyperlinks to you as a convenience and the inclusion of any hyperlink does not imply endorsement by us of the site. These sites are not under our control and by accessing them, you do so at your own risk.
Disclaimer
We accept no financial responsibility to you arising from your use of Promotive Sites or Content and if you are a subscriber to Promotive Sites we strictly limit any responsibility to you to the price you paid for your subscription. In no circumstances do we accept responsibility for your use of Third Party Sites or their related products or services.
The Content is only for your general use and entertainment; it is not intended to address any particular requirement and does not constitute any form of advice, recommendation, representation or endorsement by Promotive. It should not be relied for any purpose and is not a substitute for appropriate independent advice. Any third party whether named on or linked to from Promotive Sites is your own responsibility and dealt with at your own risk.
PROMOTIVE WILL OPERATE PROMOTIVE SITES WITH REASONABLE SKILL AND CARE AND WILL USE REASONABLE EFFORTS TO PROMPTLY REMEDY ANY FAULTS OF WHICH IT IS AWARE. THIS IS THE ONLY PROMISE WE MAKE IN RELATION TO OUR PROVISION OF PROMOTIVE SITES AND THE CONTENT.
PROMOTIVE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT PROMOTIVE DOES NOT MAKE ANY PROMISES IN RESPECT OF PROMOTIVE SITES OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH PROMOTIVE SITES OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON OR LINKED TO FROM PROMOTIVE SITES. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, PROMOTIVE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND DUTIES (EXCEPT ANY DUTIES OF GOOD FAITH) OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. PROMOTIVE ALSO DOES NOT MAKE ANY PROMISES AS TO THE TIMELINESS, SECURITY, PERFORMANCE OR AVAILABILITY OF PROMOTIVE SITES OR CONTENT AND DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT PROMOTIVE SITES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
THE ABOVE DISCLAIMERS APPLY EQUALLY TO YOUR USE OF PROMOTIVE SITES AND ALL CONTENT. WITHOUT LIMITING THE ABOVE, PROMOTIVE IS NOT LIABLE FOR MATTERS BEYOND ITS REASONABLE CONTROL. PROMOTIVE DOES NOT CONTROL THIRD PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER), THE INTERNET, OR THE ACTS OF THIRD PARTIES.
YOU AGREE THAT IF WE ARE IN BREACH OF THESE TERMS AND CONDITIONS, WE WILL ONLY BE RESPONSIBLE TO YOU FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF PROMOTIVE SITES OR THE CONTENT AS FOLLOWS:
• IF YOU INCUR ANY LOSS AS A RESULT OF USING PROMOTIVE SITES OR ANY CONTENT OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS, PROMOTIVE ACCEPTS NO RESPONSIBILITY (LIABILITY) TO YOU FOR THIS.
• IF YOU HAVE PAID FOR A SUBSCRIPTION, THEN PROMOTIVE ACCEPTS RESPONSIBILITY (LIABILITY) TO YOU FOR ANY DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF PROMOTIVE SITES OR THE CONTENT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, SUBJECT TO A LIMIT EQUAL TO THE PRICE PAID BY YOU TO PROMOTIVE FOR YOUR SUBSCRIPTION DURING THE YEAR IN WHICH YOU INCUR THE DAMAGE. YOU MAY AT YOUR OPTION RECEIVE A RENEWAL TO YOUR SUBSCRIPTION FREE-OF-CHARGE AT THE POINT OF RENEWAL FREE-OF-CHARGE, IN PLACE OF MONETARY DAMAGES.
• IF YOU HAVE NOT PAID FOR A SUBSCRIPTION, THEN PROMOTIVE ACCEPTS NO RESPONSIBILITY (LIABILITY) TO YOU FOR ANY LOSS OR DAMAGE YOU MAY INCUR AS A RESULT OF YOUR USE OF PROMOTIVE SITES OR THE CONTENT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY FOR THE BENEFIT OF PROMOTIVE AND ITS AFFILIATES.TO THE FULL EXTENT PERMITTED BY LAW YOU ACKNOWLEDGE AND AGREE THAT OUR THIRD PARTY CONTENT AND DATA SUPPLIERS HAVE NO LIABILITY WHATSOEVER TO YOU IN RESPECT OF ANY OF THEIR DATA SUPPLIED TO YOU AS PART OF THE CONTENT. YOU ALSO AGREE TO WAIVE, TO THE FULL EXTENT PERMITTED BY LAW, ANY RIGHT YOU MAY HAVE TO BRING LEGAL CLAIM AGAINST SUCH THIRD PARTIES ARISING FROM YOUR USE OF THEIR CONTENT OR DATA ON ANY PROMOTIVE SITES.
PROFESSIONAL INFORMATION DISCLAIMER
The Promotive Sites may make available certain information provided by Us or third parties related to various professional fields such as, without limitation, law, accounting, financial, pharmaceuticals, medicine and other health and fitness related matters (“Professional Information”). WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE PROMOTIVE SITES IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE PROMOTIVE SITES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. The Professional Information provided should not be interpreted as professional advice and does not replace the opinion of a qualified professional. You expressly agree that your use of, or reliance on, any Professional Information is at your sole risk. You further agree that Promotive and its affiliates will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any Professional Information.
Subscription Services and Trial Access
Pricing and Payments: Details on subscription and trial access rates can be found in the Subscription page on our home page and may vary from time to time. No more than one free trial per subscriber is allowed in any twelve month period. Promotive does not guarantee that your subscription or temporary access will be activated by any specified time. Your subscription will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. Promotive reserves the right to delay or reject any registration in its discretion, for any or no reason. You must provide us with complete and accurate payment information and, in so doing, represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your subscription and may contact the issuing bank/payment provider and/or law enforcement authorities/other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case you must contact us for a refund. You agree to pay the fees at the rates notified to you at the time you register. If we incorrectly state a price to you, we are not obliged to provide you with a subscription at that price and reserve the right to notify you of any pricing error. In this case, we will refund you any money you have paid us in full.
Renewals: Your subscription will automatically renew at the end of its term unless you give us 30 days notice of termination. If you chose to pay monthly, your subscription will continue until you give us 30 days notice that you no longer wish to subscribe, in which case you will stop paying the monthly fees at the end of the month in which the 30 days notice expires. Please see the “Cancellations by Subscriber” section below. We will charge the subscription using the same card or other payment method that you previously used. We reserve the right not to notify you in advance of any changes to the price in your subscription that will apply upon renewal.
Cancellations by Subscriber: You may cancel your subscription with 30 days written notice and we will refund to you the cost of the remainder of your subscription after the 30 days notice has expired using the same payment method you used to subscribe. You may notify us of your wish to cancel your subscription by contacting our customer services team at [email protected].
Cancellations by Promotive: Promotive reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. You will not be entitled to any refund in these circumstances. If however we terminate or suspend your subscription for any other reason and/or permanently cease publishing Promotive Sites, the Content, or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund to your credit card any remaining and unexpired period of your subscription.
Governing Law and Jurisdiction
This website is controlled by Promotive in Aurora, Ontario, Canada. By accessing this site, you agree that any legal matter that may arise between you and Promotive relating to Promotive Sites shall be governed by the laws of the Province of Ontario and exclusively by its courts without reference to any other jurisdictions’ laws including choice of law legislation.
General
You may not license or transfer any of your rights under these terms and conditions. We may transfer any of our rights or obligations under these terms and conditions to any company within the Promotive group of companies but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
Corporate Information
Promotive Communications Inc. is the publisher of the Promotive Sites, and its corporate address is as follows:
Promotive Communications Inc.
#24 – 4 Vata Court
Aurora, Ontario
L4G 4B6
Email: [email protected]
Fax: 905-727-4428
